Chương I Nghị định 16/2013/NĐ-CP rà soát hệ thống hóa văn bản quy phạm pháp luật: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of regulation

1. This Decree specifies the principles, contents, order and procedures for reviewing and systematizing legal normative documents (hereafter referred to as documents); processing of review results; responsibilities for document review and systematization and conditions for assurance of document review and systematization.

2. This Decree regulates the document review and systematization by the ministries, ministerial-level agencies, government-attached agencies and People’s Committees of all levels.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Document review means the consideration, comparison and assessment of the provisions of documents reviewed with other documents which serve as the legal grounds for reviewing as well as the socio-economic development situation in order to detect and handle or propose the handling of unlawful, inconsistent or overlapping provisions or provisions which are no longer effective or appropriate.

2. Document systematization means gathering and arranging the reviewed documents which remain effective according to the document arrangement criteria prescribed in this Decree.

3. Periodical document systematization means document systematization based on backward time marker in order to systematize all documents which have been reviewed and determined to be still effective.

Article 3. Purposes of document review and systematization

1. Document review aims to detect unlawful, inconsistent, or overlapping provisions or provisions no longer effective or suitable to the socio-economic development situation for termination of enforcement, annulment, supersession, revision, supplementation or promulgation of new documents to assure the constitutionality, lawfulness, consistency and synchronicity of the legal system and in line with the socio-economic development situation.

2. Document systematization aims to announce the collection of systematized effective documents and lists of documents which make the formulation, application and enforcement of laws effective and convenient and enhance the publicity and transparency of the legal system.

Article 4. Principles of document review and systematization

1. The document review must be conducted regularly as soon as there are grounds for such review without omitting any document within review responsibility; promptly processing review results; complying with the review order and procedures.

2. The document systematization must be conducted periodically and synchronously; promptly announcing the collection of systematized effective documents and lists of documents; complying with the systematization order and procedures.

Article 5. Responsibilities for document review and systematization

Ministers, heads of ministerial-level agencies or government-attached agencies, and People’s Committees of all levels (hereafter referred to as reviewing agencies) will review and systematize documents as follows:

1. Document review and systematization responsibilities of ministers and heads of ministerial-level agencies or government-attached agencies.

Ministers or heads of ministerial-level or government-attached agencies will review and systematize documents promulgated or drafted by their ministries;  ; documents presented by agencies, organizations or National Assembly deputies with the amended matters under the state management of the Ministries, mistrial-level agencies, which are prepared by agencies, organizations or government-attached agencies.

Heads of professional units of ministries or ministerial-level or government-attached agencies will assist ministers or heads of their agencies in reviewing and systematizing documents which regulate matters under their state management.

Directors of the Legal Affairs Departments of ministries or ministerial-level agencies will urge, guide and summarize the overall review and systematization results of their ministries or ministerial-level agencies for submission to their Ministers or heads.

Heads of legal affairs organizations of government-attached agencies will assume the prime responsibility for, and coordinate with heads of related units in, assisting the heads of their agencies in reviewing and systematizing documents drafted by their agencies; and coordinate with directors of the Legal Affairs Departments of Ministries or ministerial-level agencies in reviewing and systematizing documents related to their sectors or fields of operation.

Heads of legal affairs organizations or heads of units assigned for legal affairs in the General Departments or equivalent or Departments directly under Ministries or ministerial-level agencies will assume the prime responsibility for, and coordinate with related units in assisting their General Directors or Directors in reviewing and systematizing documents related to the sectors or fields under their state management.

The heads of the units assigned to act as the focal point for the document review and systematization of the Ministry of Justice will urge, guide and summarize the overall review and systematization results of the Ministry of Justice.

2. Responsibilities for document review and systematization of People’s Committees

People’s Committees will review and systematize documents that they and People’s Councils of the same level have promulgated; coordinate with the standing People’s Councils in proposing People’s Councils to process the review and systematization results of documents of People’s Councils.

Chairmen of provincial or district-level People’s Committee will direct their professional agencies to review and systematize documents promulgated by their People’s Councils and People’s Committees.

Heads of professional agencies of provincial- or district-level People’s Committees will assume the prime responsibility for, and coordinate with heads of legal affairs sections of People’s Councils and related agencies in, reviewing and systematizing documents of their People’s Committees and People’s Councils of the same level, which regulate matters under their state management.

Heads of legal affairs divisions or units in charge of legal affairs of professional agencies under provincial-level People’s Committees will assume the prime responsibility for, and coordinate with related units in assisting heads of professional agencies in reviewing and systematizing documents under their charge.

Directors of Service of Justice and heads of Justice Division will urge, guide and summarize the overall review and systematization results of related professional agencies for submission to the Chairmen of their People’s Committees.

Chairmen of communal-level People’s Committees will organize the review and systematization of documents promulgated by communal-level People’s Councils and People’s Committees.

3. Responsibilities for document review and systematization in case of adjustment of administrative boundaries

a/ In case an administrative unit is divided into new administrative units, the People’s Committees of the new administrative units will review and systematize documents promulgated by the People’s Council and People’s Committee of the former administrative unit.

b/ In case a number of administrative units are merged into a new administrative unit, the People’s Committee of the new administrative unit will review and systematize documents of the People’s Councils and People’s Committees of the former administrative units.

Article 6. Document review proposed by agencies, organizations and citizens and responsibilities of reviewing agencies upon receipt of proposals

1. Document review proposed by agencies, organizations and citizens

When detecting an unlawful, inconsistent, overlapping or inappropriate document, an agency or organization or a citizen will propose a responsible state agency prescribed in Article 5 of this Decree to review such document.

2. Responsibilities of agencies receiving proposals

a/ An agency which receives a proposal to review a document will review that document under regulations if such review is within its responsibility.

b/ An agency receiving a proposal to review a document which is outside its responsibility will forward that proposal to an agency responsible for reviewing that document and concurrently notify such to the proposing agency, organization or citizen.

Article 7. Sources of documents for review and systematization

1. Documents for review and systematization must be used in the following priority order:

a/ The original;

b/ Documents published on printed and electronic Cong Bao (Official Gazette);

c/ Certified true copies and copies duplicated from the original by competent agencies or persons.

2. In case there are consolidating documents, these documents may be used for review and systematization. In case of technical errors leading to differences in content between consolidating and consolidated documents, consolidated documents may be used for review and systematization.

Article 8. Use of document review and systematization results

Document review and systematization results are used in the formulation of legal documents and improvement of the legal system; and for reference in the application and implementation of law. Review results can also be used for the codification and consolidation of legal documents and control of administrative procedures.

Article 9. Review and systematization of documents with state secret contents

The review and systematization of documents with state secret contents comply with this Decree and the law on protection of state secrets.

Article 10. General document system review, document review under special subject, field and area.

1. The Prime Minister will decide on the general document system review and document review under special subject, field and area according to state management requirements.

2. Ministers, heads of ministerial-level agencies or government-attached agencies and Chairmen of People’s Committees will, within the scope of their functions, tasks and powers, consider and decide on the document review under special subject, field and area (also including review upon adjustment of administrative boundaries).

3. Implementation responsibilities, contents, order and procedures for every document comply with this Decree.

4. Plans on general document system review and document review under special subject, field and area (below referred to as document review plan)

a/ The general document system review and document review under special subject, field and area must be planned.

The Minister of Justice will assist the Prime Minister in planning, and act as the focal point for conducting, the general document review or document review under special subject, field and area involving different Ministries and ministerial-level agencies as decided by the Prime Minister.

Ministers and heads of ministerial-level agencies will assist the Prime Minister in planning and organizing the document review under special subject, field and area under their state management as decided by the Prime Minister.

Directors of the Legal Affairs Departments of Ministries and ministerial-level agencies and the head of the unit assigned to act as the focal point for organizing the document review and systematization will assist their Ministers or heads in planning and organizing the document review.

Directors of Service of Justice, heads of Justice Division and communal-level judicial and civil-status officers will assist Chairmen of People’s Committees of the same level in planning and organizing the document review.

b/ The contents of document review plan must specify the purpose, requirements, subjects, scope of the general review or document review under special subject, field and area; implementation time and schedule; assignment of the implementing agency and coordinating units; funds and conditions to ensure the plan implementation.